| Robert Renzler & Gail Kunzelman v Meryl Fraguela |
| Motion No: 2015-02398 DC |
| Slip Opinion No: 2016 NY Slip Op 87967(U) |
| Decided on October 5, 2016 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Robert Renzler and Gail Kunzelman, Respondents, v Meryl Fraguela, Appellant. |
Motion by appellant to reinstate a stay pending the determination of an appeal from a final judgment of the Justice Court of the Town of Dover Plains, Dutchess County, entered September 29, 2015, and for other relief. Cross motion by respondents to dismiss the appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that appellant's motion is granted to the extent of reinstating the stay pending the determination of the appeal on condition that within 10 days from the date of this decision and order on motion appellant pay respondents any and all arrears in rent and/or use and occupancy at the rate of $900 per month and continue to pay respondents use and occupancy at a like rate as the same becomes due and upon the further condition that the appeal be perfected by November 10, 2016; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondents may move to vacate the stay on three days' notice; and it is further,
ORDERED that the cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk